All You Need to Know About Temporary Child Custody: An FAQ

temporary child custodyTemporary child custody is sometimes the best situation depending on the circumstances of your case. When it comes to parenting, you want to ensure that your child’s safety goes above anything and everything and that you are doing what is in the best interest of your child. Today we will take a closer look at an FAQ on temporary child custody that will show you when this is appropriate.

Temporary Child Custody 

I’m separated from my spouse and he claims he’s going to take off with our son. How do I protect him and ourselves? If you are separated from your spouse and they have been threatening to keep your child to you even though you also deserve time, you want to take these matters to court. You have equal rights to your child with your spouse. You can go to court and ask for a temporary custody order to help during this difficult time. 

Can my child be kept away from me until after divorce? If there is no previous order in place, you have equal rights to your child just like your spouse. You should speak with the court about custody and visitation and what rights you have in this situation. 

What happens if I was kicked out and couldn’t take my child? Your ex kicked you out of the house and will not allow you to take your child along. You should file for custody immediately and let the court know that you are the primary caretaker of the child. 

What happens if my spouse has had our child for years? If you haven’t seen your child for many years because your spouse took he or she, you can still file to have time with your child but it is rare that you would be granted temporary custody after such a long time apart. You would probably be reintroduced to your child during this time, which could be a more progressive process. 

Who is granted temporary child custody? Courts like to keep things how they are in many ways, as long as it benefits the child. This means that, if your spouse has always had more time with the child, it could remain this way and you will receive visitation and continue to fight for more time. If you live in a stable environment, this will help your case.

How long does it take for a temporary order to go into effect? Temporary custody orders, like other custody orders, are effective immediately.

If you are looking into receiving temporary child custody, you might have questions for us. At the Montes Law Firm, we want to help you get the best results when it comes to your custody case. Call us as soon as possible to find out how we can assist you.